Hiring any employee without a completed Form I-9 leaves you open to civil penalties of up to $2,922 per violation and potential criminal charges for knowingly hiring unauthorized workers. This Form I-9 (Employment Eligibility Verification) is a federally mandated, employer-submitted document to verify a new hire's identity and work authorization, sometimes called the employment eligibility verification form. It is administered by U.S. Citizenship and Immigration Services (USCIS). Key facts:
Analyzed from Form I-9 (Employment Eligibility Verification)
83% from one compliance interview
Manual entry or document upload required
The requirement to complete a Form I-9 for every new hire originates from federal law, specifically the Immigration Reform and Control Act (IRCA) of 1986 and its enforcement under the Immigration and Nationality Act (INA). This is not a local Paterson or New Jersey-specific rule but a universal mandate for all U.S. employers. The law makes it illegal to knowingly hire or continue to employ individuals who are not authorized to work in the United States. Completing and retaining a properly filled Form I-9 is your primary defense, proving you have verified a new employee's identity and work authorization. The issuing authority is the U.S. Citizenship and Immigration Services (USCIS).
Failing to correctly complete, retain, or present Form I-9s for inspection carries significant, escalating penalties. The consequences are strictly financial and legal; there is no "Form I-9 license" to be revoked, but non-compliance can effectively halt your business operations. Based on enforcement data from U.S. Immigration and Customs Enforcement (ICE), common penalties include:
Legal code: Immigration and Nationality Act (INA), Immigration Reform and Control Act (IRCA)
Recent update: In 2026, USCIS released a new edition of Form I-9 with updated instructions and minor layout changes; employers must use this version for all new hires.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required for all paid employees as mandated by federal law (8 U.S.C. § 1324a), as these establishments hire employees to serve customers directly. |
| Bar / Nightclub | Required | Required for all hired staff; the Immigration Reform and Control Act (IRCA) applies to any business, including bars, that pays individuals for labor or services. |
| Food Truck | Required | Required for any driver, cook, or cashier paid for their work; there is no vehicle-based exemption under federal I-9 regulations. |
| Coffee Shop / Café | Required | Required for all baristas, cashiers, and kitchen staff; any business that hires employees for wages must complete Form I-9 per federal statute. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Check this box only if the employee has presented a List A or List C document (like an I-766 EAD) proving they are a noncitizen authorized to work in the United States.
COMMON MISTAKE: Employees incorrectly check this box if they are U.S. citizens or permanent residents, leading to an immediate mismatch with their presented documents and requiring a complete restart of the verification process.
Check this box if the employee presented a Permanent Resident Card (Form I-551, 'green card') as a List A document to establish both identity and employment authorization.
COMMON MISTAKE: Employers mistakenly check this box when an employee presents a foreign passport with an I-551 stamp or a temporary I-551 printed notation on a machine-readable immigrant visa, which also qualifies for this status.
Check this box for individuals who owe permanent allegiance to the U.S. but are not citizens, such as those born in American Samoa or certain former U.S. nationals, who present a U.S. passport or ID card as a List A document.
COMMON MISTAKE: This status is rarely applicable; the most common error is checking it for a lawful permanent resident, which is a different immigration category and requires correction.
Check this box if the employee attested to being a U.S. citizen and presented an acceptable List B document (for identity) and a List C document (for work authorization), such as a driver's license and Social Security card.
COMMON MISTAKE: Employees born in Puerto Rico or other U.S. territories sometimes mistakenly think they are noncitizen nationals and do not check this box, creating a documentation mismatch that must be corrected.
Check this box on the alternative procedure page to indicate you used the remote document inspection method (if enrolled with E-Verify) for the first reverification or rehire event.
COMMON MISTAKE: Employers not enrolled in E-Verify check this box, which is a violation of the standard physical inspection requirement and constitutes an incorrect completion of Section 3.
Check this box to document using the remote inspection alternative procedure for a second reverification or rehire event for the same employee.
COMMON MISTAKE: Failing to check this box when the alternative procedure was used for a subsequent reverification leaves an incomplete record, which can be flagged as an error during a USCIS audit.
Check this box to indicate a third instance of using the remote document inspection alternative procedure for the same employee's work authorization reverification.
Enter the employee's legal last name (surname) exactly as it appears on the document they presented from List A or from their combined List B and List C documents.
COMMON MISTAKE: Entering a married name when the presented document (e.g., a passport or green card) shows a maiden name, or including suffixes like 'Jr.' or 'III' in this field instead of in the 'Last Name' field.
Enter the employee's legal first name exactly as it appears on the document they presented for employment eligibility verification.
COMMON MISTAKE: Using a common nickname (e.g., 'Bob' for 'Robert') or a middle name instead of the precise first name on the identity document, which creates a mismatch.
Enter the employee's middle initial only if a full middle name appears on their presented document; if the document shows no middle name, leave this field blank.
COMMON MISTAKE: Entering a full middle name instead of a single initial, or entering an initial when the presented document has no middle name, which is a common clerical error noted by auditors.
ApronPrep auto-fills 106 of 128 fields from a single compliance interview — no re-typing, no guessing what the government expects.
Accepting a document from List B or C that has expired, such as an old driver's license or a U.S. passport from 2019. The Form I-9 requires that all documents presented for verification be unexpired on the date of hire. Using an expired document is a verification failure that can result in a penalty from U.S. Immigration and Customs Enforcement (ICE), typically starting at $250 per violation. Always check the expiration date and refer to the current Lists of Acceptable Documents on the final page of the form, not an outdated list from a previous version.
Failing to fully complete Section 2 after the employee's first day of work, including leaving the 'Document Title' or 'Document Number' fields blank. Some employers incorrectly wait until the end of the pay period or only fill in the employee's name. Incomplete Section 2 is the most common technical error identified in audits. This mistake forces you to complete a new Form I-9 entirely, which adds administrative work and creates a record-keeping inconsistency. Verify that every field in Section 2 is filled based on the physical documents the employee presented.
Entering the date the Form I-9 was filled out instead of the employee's actual start date in Section 2, or dating Section 2 before the employee's first day of work. The law requires Section 2 to be completed by the end of the employee's third business day. For example, if an employee starts on a Monday, Section 2 must be completed by Thursday. Dating it incorrectly is a procedural violation that can lead to fines during an inspection. Always use the official start date from your payroll records for the 'Date of Hire' field.
ApronPrep auto-fills 106 of 128 fields from one compliance interview.
No credit card required
| City | Fee Range | Timeline |
|---|---|---|
| Jersey City | ||
| Newark | ||
| Paterson |
Obtain the official Form I-9 from USCIS.gov. The U.S. Citizenship and Immigration Services (USCIS) updates this form periodically; you must use the version dated 08/01/2023 (or later) for all new hires in 2026. Do not use older versions or templates from other websites, as they will be rejected. Save a blank copy to your onboarding packet for consistent use.
Provide the form to your new hire on their first day of work (before they start any paid tasks). The employee must complete Section 1, which has 14 fields for personal information, attestation of citizenship/immigration status, and signature. They must provide their Social Security Number (unless they are applying for one). Have them use black ink and ensure all fields are filled; a missing or incorrect SSN is a common cause of technical compliance errors.
You, as the employer, must complete Section 2 within 3 business days of the employee's start date. This requires you to physically inspect original documents from the employee's List of Acceptable Documents (e.g., U.S. passport, driver's license and Social Security card) and record the document title, issuing authority, number, and expiration date in 8 specific fields. You must then sign and date the certification. The most frequent audit finding is failing to physically examine the original documents or recording information from expired documents.
This is one of 13 requirements for opening a restaurant in New Jersey.
federal
local
state
federal
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThe Form I-9 is not a document you 'get' from a government office; it’s a federal form employers must complete themselves. Processing time is immediate—you must complete Section 1 and Section 2 of the form within three business days of the employee’s first day of work for pay. The processing timeline of “Varies” in official data reflects the ongoing obligation to retain and potentially present the form for inspection, not an application period.
There are no government filing fees for the Form I-9 itself. The official fee range is $0–$0, as the form is provided free by U.S. Citizenship and Immigration Services (USCIS). Costs may arise from verifying documents or using services like E-Verify Enrollment, which is optional for most employers but can be used to confirm work authorization electronically.
No, a completed Form I-9 is specific to the employee and the employer who completed it. If you move your business to a new location in Paterson, you do not transfer the form—you maintain the existing I-9s in your records. However, a new business location often triggers other requirements, such as a City Business License/Registration, which must be updated with the new address. Keep I-9s secure and accessible for potential inspection.
You do not renew a Form I-9. It is a one-time verification for each hire. However, you must reverify employment authorization if an employee’s work authorization document (listed in Section 2) expires. This requires completing a new Section 3 or a new Form I-9 before the expiration date. Failure to reverify can lead to penalties. Retain each Form I-9 for three years after the date of hire or one year after employment ends, whichever is later.
An inspection is an audit by U.S. Immigration and Customs Enforcement (ICE) or the Department of Labor. You will receive a Notice of Inspection (NOI) and must produce all Forms I-9 for your current workforce within three days. Agents review forms for completeness, accuracy, and proper documentation. Common issues include missing signatures, incorrect dates, or unacceptable documents. Penalties for violations can be significant, so it’s critical to keep your Application for Employer Identification Number and other business records orderly for cross-reference. Not legal advice—consult an immigration attorney for specific guidance.
This guide is generated from ApronPrep's compliance dossier system, which uses 53 parallel AI authority experts to discover requirements, then downloads actual forms and generates field-level intelligence for each one.
For New Jersey specifically, we have analyzed compliance dossiers for 3 cities (Jersey City, Newark, Paterson), generating Rich FILs (Form Intelligence Layers) with 128 form fields analyzed for this requirement. Fee data is sourced from actual county department fee schedules, not estimates.
Our data is verified against official government sources and updated when regulatory changes are detected. If you find an error, please report it — accuracy is our core commitment.
ApronPrep discovers every permit your city requires — including the ones generic checklists miss. Pick your city for the complete package.